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Questions Answered by Bill Powers
1 Answer | Asked in Traffic Tickets for North Carolina on
Q: Question about getting two speeding tickets close together.

I’m 24 and until last month have never had a ticket of any kind or ever even been pulled over. Last month Around 2/12 I got a speeding ticket on the highway for going 81 in a 65. Earlier tonight I was driving back home from purchasing a new car which is much faster than the current one I own.... Read more »

Bill Powers
Bill Powers answered on Mar 15, 2020

GOOD QUESTION

While clearly disconcerting, there may be legal options available.

I think the smart thing to do is to retain legal counsel immediately.

Butch Jenkins is an excellent attorney and super nice guy:...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: I currently have pending misdemeanor charges for several things and I need some answers.

Will pending misdemeanor charges for possession of weed, concealed carry without a permit and reckless driving prohibit me from obtaining my concealed carry handgun permit in NC?

Bill Powers
Bill Powers answered on Mar 10, 2020

GREAT QUESTION

The Concealed Carry Permit in North Carolina is largely controlled by NC Criminal Law Chapter 14-415.11 and N.C.G.S. 14-415.12.

In addition to certain conditions precedent regarding attending and passing coursework, some level of discretion is given to the Local...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: What am I facing for a felony larceny by employee charge, possession of stolen goods and felony false pretense charge?

I have a clean criminal background.

Bill Powers
Bill Powers answered on Mar 3, 2020

GREAT QUESTION

N.C.G.S. § 14-74 covers Larceny by Employee charges in North Carolina.

Ordinarily, that is a Class H felony. BUT, that is dependent on the amount at issue.

If the value of the money, goods, or other items that are illegally taken is $100,000 or more, the...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: Almost 10 years ago(18 years old/first offense), I was charged with 2 felonies, did a plea deal for a misdemeanor-

-conviction. Is there a way to have the outcome retracted, and original charges dropped? State of NC

Bill Powers
Bill Powers answered on Feb 6, 2020

GREAT QUESTION

The NC Criminal Laws have changed substantially over the last few years, giving some people the opportunity to clear their record.

In North Carolina we call that an "expunction" or "expungement."

There are limitations, expungements are not automatic in every...
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2 Answers | Asked in Traffic Tickets for North Carolina on
Q: My son was pulled over in FL & told his license was suspended. He contacted DMV because he had pd. for a ticket and take

classes. Turns out it is an NC ticket from 20 years ago. The name on the ticket is spelled wrong and he never lived at the address shown on the ticket. They want $414. He is unsure but thinks he got a ticket which was paid however we have no info from 20 years ago. Is there any way to get this... Read more »

Bill Powers
Bill Powers answered on Jan 29, 2020

GREAT QUESTION

North Carolina can be a bit of a stickler when it comes to "holds." Until cleared by NC DMV, one would assume the Interstate Compact would continue to cause problems with licensure.

Most lawyers would want to know where the ticket was issued, what county, and...
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2 Answers | Asked in DUI / DWI for North Carolina on
Q: My wife received a DWI conviction around 10 years ago. She drove on her restricted license for a year after conviction.

When it became time for what she thought was to get her license back, she was told that she needed to have an interlock device installed on her car. At that time, we were not married and she did not have a car. Time passed and she never got her license back and she has been without one ever since.... Read more »

Bill Powers
Bill Powers answered on Jan 16, 2020

GREAT QUESTION

An Interlock may be required, irrespective of the passage of time. DMV in North Carolina tends to be a bit of a stickler on this point.

The expiration of time often does not matter to them.

The condition of an IID for a Conditional Restoration with DMV is...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: If someone files a false police report what happens

Reported vehicle was stolen and filed false police report but the vehicle wasn't stolen

Bill Powers
Bill Powers answered on Jan 11, 2020

GREAT QUESTION

There are both felony and misdemeanor "false police report" charges in North Carolina, see:

https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-225.html

§ 14-225. False reports to law enforcement agencies or officers....
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2 Answers | Asked in Traffic Tickets for North Carolina on
Q: Can a sheriff cime to my home at 11 at night and write me a speeding ticket for something he says happen 2 days before
Bill Powers
Bill Powers answered on Jan 6, 2020

GREAT QUESTION

I am aware of no law in North Carolina that prevents an officer from issuing a ticket after-hours. It's frankly doesn't sound like a very safe/smart/nice thing to do.

Most NC defense lawyers would want to more about that fact-pattern before deciding how to move...
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2 Answers | Asked in Traffic Tickets for North Carolina on
Q: I got a speeding ticket when I am Travelling from NC to VA on driving speed 82 in 70 area i-85 brunswick county VA

Do i need to hire a attorney?

how can i dismiss my ticket?

Bill Powers
Bill Powers answered on Nov 12, 2019

GREAT QUESTION

1. Yes, retain an attorney, especially if you're a North Carolina license-holder. If convicted and reported back to NC, that would result in a revocation/suspension. It also could include some pretty heft increased insurance premiums.

SEE the Interstate Compact:...
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1 Answer | Asked in Wrongful Death for North Carolina on
Q: Can I open my son's estate if his wife won't
Bill Powers
Bill Powers answered on Sep 9, 2019

THAT'S A REALLY GOOD QUESTION

A lot depends on the nature and circumstances of why that hasn't yet happened. Parents MAY in certain circumstances be eligible to file the estate.

It would be smart to find out if there is a will too.

Estates can be a bit complicated....
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2 Answers | Asked in Traffic Tickets for North Carolina on
Q: In ref the estate of a man who got many parking tickets over many years. Must the estate pay for very old tickets?

Is it possible that a judge might give us a bulk discount? The man died intestate, demented, and in deep poverty, in Craven Co. North Carolina.

Maybe I should have been more specific. We know there's enough money to bury him, and that has priority. But whether there's money beyond that is... Read more »

Bill Powers
Bill Powers answered on Sep 9, 2019

GREAT QUESTION

Actually, there is a process by which outstanding legal matters may be possibly dismissed. In fact, the statute says, the charges "must dismiss" the charges.

See: https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_15A/GS_15A-954.pdf...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: Will the death penalty be abolished in Raleigh NC soon? If so when?
Bill Powers
Bill Powers answered on Dec 11, 2018

The last person executed in North Carolina was Samuel Flippen, put to death Aug. 18, 2006, for the murder.

It's possible Flippen forever will remain the last person executed in North Carolina. Capital punishment in North Carolina, while it remains on the books, is rarely enforced....
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1 Answer | Asked in Wrongful Death for North Carolina on
Q: A doctor contributed to my son's death by overprescribing Oxycodone. Can I post this on a public forum legally?
Bill Powers
Bill Powers answered on Nov 29, 2018

First, my heart goes out to you. I can only imagine how difficult it must be to live with your loss.

That being said, I think it would be better to speak with an attorney before posting something on a public forum and possibly subjecting yourself to civil claims for libel....
Read more »

2 Answers | Asked in DUI / DWI for North Carolina on
Q: Is there any kind of break for someone if they get a DUI, but they need to drive to make any kind of income?
Bill Powers
Bill Powers answered on Oct 31, 2018

GOOD QUESTION

There isn't really a sense of "equitable relief" based on financial circumstances (and the need to work), at least regarding the ability to drive. Put simply, one is either eligible under the NC DWI laws or not eligible.

A LOT depends on the nature and circumstances...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: I'm on probation for 2 felonies and 3 misdemeanors..I just caught another felony charge of same crime, what happens?

Its same felony I'm already on probation for..what's gonna happen??

Bill Powers
Bill Powers answered on Sep 26, 2018

That's serious stuff. More information would be helpful, especially regarding the type of felony charges in North Carolina. . .and whether the charges are in North Carolina. The inquiry is from Georgia.

Here are two quick points:

1. The allegations of new NC criminal charges...
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2 Answers | Asked in Criminal Law and Traffic Tickets for North Carolina on
Q: I am on felony probation I got a dwlr yesterday will that violate my probation

None

Bill Powers
Bill Powers answered on Sep 14, 2018

It could. DWLR is a misdemeanor criminal offense. An experienced defense lawyer would want to find out the basis of the license suspension and terms of the Supervised Probation.

Given the complexity of such matters, best bet would be to retain legal counsel ASAP.

Rob Denton is up...
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2 Answers | Asked in DUI / DWI for North Carolina on
Q: Is there a statute of limitations on dwi in NC?

It has been more than two years since I was charged

Bill Powers
Bill Powers answered on Sep 10, 2018

No. The NC Supreme Court JUST ruled on that legal issue.

Despite what many legal scholars consider to be the clear language of the N.C.G.S., the Supreme Court found the North Carolina General Assembly could never have intended an end result and dismissal of charges for the State's failure...
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2 Answers | Asked in Traffic Tickets for North Carolina on
Q: Prayer for Judgement ?

I live in North Carolina and haven't had any traffic violations in the past seven years. I was clocked going 74 in a 55 mph zone. Can I file a Prayer for Judgement and what would be entitled to pay if I can. Will I have points added to my license?

Bill Powers
Bill Powers answered on Aug 29, 2018

GREAT QUESTION

How Should I Handle My Traffic Ticket? Should I go to Driving School? What is an PJC? What does Continued Judgment mean? What are Insurance Points? What are Motor Vehicle Points? What is the difference? Should I retain a lawyer?

Consider the Following:...
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2 Answers | Asked in Car Accidents for North Carolina on
Q: In north carolina can i drive my car with no bumper. All lights work and are intact
Bill Powers
Bill Powers answered on Aug 26, 2018

GREAT QUESTION

You've stumped this lawyer. North Carolina seems to focus on safety equipment such as lighting, brake lights, windshield wipers (if it's raining), etc. If a bumper wasn't properly affixed/attached and/or about to fall off, law enforcement likely could conduct a stop....
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2 Answers | Asked in DUI / DWI for North Carolina on
Q: can I contact the court

In 2001 I received a DWI while driving through Pasquotank county, NC. I hired a lawyer at the time to represent me because I was overseas still have a copy of the power of attorney, I never heard anything and assumes case was handled. I recently retired and live in Texas and found out the case was... Read more »

Bill Powers
Bill Powers answered on Aug 24, 2018

GREAT QUESTION

Call that lawyer up and get the file re-activated. They're in the best position to know what happened.

It's possible (although a bit unusual) the matter was handled by waiver, but things like Community Service, Fines, Costs of Court, etc., were never paid. If a...
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